BERRY PLASTICS CORPORATION, as Issuer, and certain guarantors 5.500% Second Priority Senior Secured Notes due 2022 INDENTURE Dated as of May 12, 2014 U.S. BANK NATIONAL ASSOCIATION, as TrusteeIndenture • May 13th, 2014 • Berry Plastics Group Inc • Plastics products, nec • New York
INDENTURE dated as of May 12, 2014 among BERRY PLASTICS CORPORATION, a Delaware corporation (the “Issuer”), U.S. BANK NATIONAL ASSOCIATION, a national banking association, as trustee (the “Trustee”), and the Parent Guarantor and Subsidiary Guarantors (each as defined herein).
BERRY PLASTICS CORPORATION (a Delaware corporation) $500,000,000 5.500% Second Priority Senior Secured Notes due 2022 UNDERWRITING AGREEMENTUnderwriting Agreement • May 13th, 2014 • Berry Plastics Group Inc • Plastics products, nec • New York
Berry Plastics Corporation, a Delaware corporation (the “Company”), proposes to issue and sell to the several underwriters named in Schedule A hereto (the “Underwriters”), for whom you (the “Representative”) are acting as representative, $500,000,000 principal amount of its 5.500% Second Priority Senior Secured Notes due 2022 (the “Notes”). The Notes will be unconditionally guaranteed (the “Guarantees”) (i) jointly and severally on a second priority senior secured basis by certain of the Company’s subsidiaries listed on Schedule B hereto (together, the “Subsidiary Guarantors”) and (ii) on a senior unsecured basis by Berry Plastics Group, Inc., a Delaware corporation and the Company’s parent (“Parent”). For purposes of this Agreement, the Subsidiary Guarantors and Parent, as guarantor of the Notes, shall be collectively referred to herein as the “Guarantors”. The Notes and the Guarantees are collectively referred to herein as the “Securities.” The Securities will be issued pursuant to a
SUPPLEMENTAL INDENTURE RELATING TO THE NOTESSupplemental Indenture • May 13th, 2014 • Berry Plastics Group Inc • Plastics products, nec • New York
THIS SUPPLEMENTAL INDENTURE, dated as of May 9, 2014 (this “Supplemental Indenture”), is by and among Berry Plastics Corporation, a Delaware corporation (the “Issuer”) and U.S. Bank National Association, as trustee (the “Trustee”).
